How to Take Title:
What are my options?

"Taking title" — sometimes called vesting — refers to how legal ownership of a property is recorded on the deed. It specifies who owns the property, in what capacity, and in what proportions.

The way you take title affects your rights as an owner, what happens to the property if you die, how it's treated in a divorce, and whether it has to go through probate. It's one of the decisions you'll make at closing, and it's not something to leave until the last minute.

Yes — but it requires recording a new deed, which has its own costs and potential tax implications. It's much cleaner to make the right decision before closing.

Life changes like marriage, divorce, adding a family member, or setting up an estate plan are common reasons people change how title is held after purchase. An attorney can help you do it correctly.

Significantly. If you're buying alone, sole ownership is typically the default and the simplest path. If you're buying with another person — a spouse, partner, sibling, friend, or business partner — the type of co-ownership you choose has major implications for what happens if your relationship changes, if one of you passes away, or if one of you wants to sell.

The right choice depends on your relationship, your intentions for the property, and your estate planning goals.

Sole ownership means one person holds title alone. It's the simplest form of ownership — there's no need to coordinate with another owner, divide rights, or plan for shared decision-making.

It's common for single buyers, but it can also make sense for married individuals purchasing an investment property they want to keep separate from marital assets. In Washington State, a married person can hold title separately if their spouse signs a disclaimer deed at closing.

Joint tenancy is a form of co-ownership where two or more people hold equal, undivided shares in the property. The defining feature is the right of survivorship: if one owner dies, their share passes automatically to the surviving owners — outside of probate.

To create a valid joint tenancy in Washington State, all owners must acquire title at the same time, through the same deed, with equal shares. If any of those conditions aren't met, it typically defaults to tenancy in common.

Joint tenancy works well for couples who want a simple, automatic transfer of ownership — but it can create complications if owners want to sell their share or if the ownership interests aren't truly equal.

Tenancy in common is a co-ownership arrangement where two or more people hold title, but without the right of survivorship. Each owner holds a separate, transferable interest in the property — and those interests don't have to be equal.

This means each owner can sell, gift, or will their share independently. If one owner dies, their share goes through their estate — not automatically to the other owners.

Tenancy in common is often used when owners are contributing different amounts to the purchase (say, one party puts in 60% and another 40%) or when co-owners are not spouses and want to be able to pass their share to heirs.

Yes — Washington is one of nine community property states. Under Washington law, most property acquired by a married couple (or registered domestic partners) during the marriage is considered community property, meaning both spouses own an equal, undivided half — regardless of whose name is on the title or paycheck.

When community property is titled as such on the deed, both spouses must consent to sell or refinance. At the death of one spouse, their half can be passed through their estate to heirs of their choosing — it doesn't automatically go to the surviving spouse.

This is a Washington-specific option that layers the automatic transfer benefit of joint tenancy on top of community property. When one spouse passes away, their interest transfers directly to the surviving spouse — outside of probate — while still retaining the community property character of the asset.

The key advantage is tax treatment. With community property, the IRS allows a full step-up in cost basis on the entire property at the death of the first spouse — not just their half. This can significantly reduce capital gains taxes if the surviving spouse later sells the home.

For many married couples in Washington State, this is the most advantageous way to hold title — but your specific tax and estate situation should always be reviewed with a professional.

Yes — and for some buyers, this makes a lot of sense. Taking title through a living trust allows the property to pass to heirs without going through probate, while still letting the trust creator maintain control during their lifetime. It's a common estate planning tool.

Taking title through an LLC is more common with investment properties. It can provide liability protection and simplify management if there are multiple owners. However, lenders may require a personal guarantee, and some loan programs don't allow LLC ownership at all.

You do — but it should be an informed decision. At closing, the title company will ask how you want title vested on the deed. If you haven't thought it through ahead of time, it's easy to default to whatever sounds familiar, which may or may not be right for your situation.

I always encourage buyers to have this conversation with a real estate attorney or estate planning professional before closing — not at the signing table. I can refer you to trusted local contacts if you need one.

In Washington State, when two or more people take title without specifying the type of ownership, it's generally presumed to be tenancy in common. That means no right of survivorship — which may not be what buyers intended, especially couples.

This is exactly why it's worth being intentional about the language on your deed rather than leaving it to default.

For most married couples in Washington State, community property with right of survivorship is worth a serious look. It avoids probate on the death of the first spouse and provides the most favorable tax treatment of any option available to married couples here.

That said, the best choice depends on your estate plan, whether either of you has children from a previous relationship, and what you want to happen to the property if something happens to one or both of you. These are questions for your attorney — not something to decide on the fly at closing.

Tenancy in common is typically the more practical choice for non-married co-owners, especially if you're contributing different amounts or want the ability to pass your share to your own heirs.

More importantly: if you're buying with someone who isn't your spouse, put a co-ownership agreement in writing before you close. It should cover what happens if one person wants to sell, how expenses are split, and what happens if someone can't pay. Without one, disputes can turn an investment into a legal headache.